Last Updated: May 2016
Welcome to www.stylestream.club (the “Website”), a website owned and operated by The StyleStream, LLC, a California limited liability company, d/b/a StyleCheck ("StyleCheck," or "we").
BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
StyleCheck reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time. The most current version will be posted on the Website. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.
StyleCheck hereby grants you a non-exclusive, non-transferable, worldwide right to use the Site and Services subject to these Terms. All rights not expressly granted to you are reserved by StyleCheck. You shall not, without StyleCheck’s express written consent: (a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (b) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Content or Proprietary Material in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (c) modify or make derivative works or use based upon the Services; or (d) reverse engineer or access the Services. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of StyleCheck is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation intellectual property laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
StyleCheck is all about style and fashion, and we want to keep it that way. By using our Services, you understand and agree that any User Content you upload must be strictly related to style and fashion, as determined in our sole discretion.
We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. We reserve the right to refuse access to the Services to anyone for any reason at any time, including, without limitation, when the User Content is not related to style and fashion, as determined by StyleCheck in its sole discretion. We may, but have no obligation to remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine in our sole discretion violates these Terms.
Building a healthy and socially responsible community is our utmost goal. We hope that your respect this goal and help us provide a safe platform to rest of the community.
(a) Rules on User Content.
(b) Rules on Voting.
(c) Other Rules.
If you download or use our software, such as a standalone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You agree that you are responsible for all data charges you incur through use of the Services. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on StyleCheck.
Certain Services are provided at no cost and certain Services may currently or in the future be subject to fees. The then-current pricing for these Services will be posted on the Site. The fees for the Services will be billed to your credit card. You must provide current, complete and accurate billing and credit card information. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You shall be responsible for all applicable taxes that arise in any jurisdiction, including without limitation, value added, consumption, sales or other taxes, fees, duties, or charges imposed on the sale of our products. All fees are non-refundable. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance.
(a) Termination by StyleCheck. You agree and acknowledge that StyleCheck may, at its sole option, cancel the Services and terminate these Terms with or without cause at any time with immediate effect upon written notice to you (email is acceptable). Notwithstanding the above, StyleCheck may terminate these Terms immediately in case of (i) any alleged or actual breach of these Terms by you, including suspicious behavior on the Site; (ii) your failure to provide to StyleCheck correct and accurate account information; (iii) your failure to provide information in connection with any investigation undertaken by a local, state or federal governmental agency; (iv) your violation of any provision of this Agreement or any other terms and conditions posted by StyleCheck; (v) or your breach of any representations or warranties made in this Agreement. In the event of termination of your account by StyleCheck, you will not create another one without StyleCheck’s permission.
(b) Termination by You. You may cancel the Services at any time by deleting your account in the account management “About Me” section of the Site titled. You can also delete your app account by disabling it from your mobile device.
(c) Effect of Termination. Upon account closure, the license granted in this Agreement will immediately cease. You will no longer be able to log in to your online and app account, and you will no longer be able to access your account, your photos, comments and other User Content. StyleCheck is not liable for any lost data or User Content as a result of a termination of your account. StyleCheck may, but is not required to, store any User Content on its systems even after termination of your account. If applicable, you shall pay StyleCheck all sums then due and owing within thirty (30) days after the last day of the calendar month in which the termination was effective.
(a) Proprietary Material. For purposes of these Terms, “Proprietary Material” is defined as the Site, content, product designs, logos, trademarks, text, editorial content, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces, the “Style Stream” and “StyleCheck” names and logos, and other content. The Proprietary Material is owned, controlled or licensed by or to StyleCheck and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Proprietary Material from the Site without StyleCheck’s express prior written consent.
(b) Content. For purposes of these Terms, “Content” is defined as any Proprietary Material as well as any data, including a user's content or information that you or third parties can retrieve from StyleCheck or provide to StyleCheck through the platform. The User shall have all rights, title or interest to all his or her photos, style notes, tags, votes, flagged posts, and other materials that the User uploads to the Site (collectively “User Content”); provided, however, that nothing contained herein shall affect StyleCheck’s rights, title or interest to any data, property or information generated, compiled or analyzed by StyleCheck in connection with its performance under the Agreement, including without limitation any analyses or reports of aggregated data. The User hereby grants to StyleCheck a nonexclusive, fully paid and royalty free, transferable, sublicensable, worldwide license to use the User Content on the Site for any lawful purpose. This license will end upon termination of the User’s account.
You are solely and fully responsible for (a) maintaining the confidentiality of any user ID, password, account number or any other confidential information relating to your account; and (b) all activities that occur under your password or account, and StyleCheck disclaims any liability derived therefrom. If you suspect any unauthorized use of your password or account, you will contact StyleCheck as soon as reasonably practicable. You agree that any changes in the registration data will be reported to us by you within 5 days upon the occurrence of the change.
The Site may contain website links, functionalities as well as advertisements, promotions, products or services of third parties that are not owned or controlled by StyleCheck (collectively, “Third Party Content”). StyleCheck does not control or endorse such Third Party Content, and is not responsible or liable for the terms, conditions, privacy policies, actions, inactions, opinions, advice, statements, offers, warranties, representations, content or functionality of any such third party or its site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK. StyleCheck is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site. You agree to indemnify and hold StyleCheck harmless in the event of any claim related to Third Party Content.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that:
You acknowledge that your breach of these representations and warranties shall entitle StyleCheck to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and its attorneys' fees and costs.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend, indemnify and hold the StyleCheck, its owners, affiliates, subsidiaries, parents, shareholders, officers, directors, agents, employees, assigns and representatives harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, incurred by us arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your User Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasigovernmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by StyleCheck in the defense of any claim. StyleCheck reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of StyleCheck.
StyleCheck does not intentionally collect personal information from anyone under the age of 13. If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe that we might have any information from a child under the age of 18, please contact us.
StyleCheck represents and warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof. Except as set forth herein, StyleCheck makes no further express or implied warranties regarding the site or the services, and hereby disclaims all other warranties (express or implied) including, but not limited to the implied indemnities and warranties of merchantability, fitness for a particular purpose, title and noninfringement. The services are provided on an "as available" basis and we do not guarantee that the services will be safe, secure or error free or that the services will function without disruptions, delays or imperfections. You use the website and services at your own risk. StyleCheck is not responsible for the actions, content, information, or data of third parties. StyleCheck is not responsible for any damage to your computer systems resulting from the use of the site. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
STYLECHECK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DIRECTLY OR INDIRECTLY RELATED TO THE FOLLOWING: (A) THE SERVICES; (B) THE WEBSITE ; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STYLECHECK OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. STYLECHECK’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR SERVICES WILL NOT EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, StyleCheck’s liability will be limited to the fullest extent permitted by applicable law.
StyleCheck respects the intellectual property of others and expects you to do the same. StyleCheck responds in its reasonable discretion to notices of alleged copyright infringement if they comply with the law, including the Digital Millennium Copyright Act, of 1998 (“DMCA”), and reserves the right to remove the challenged Content from the Site or terminate the accounts or access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you are a copyright owner (or their agent) and believe that your work has been used in a way on the Site that infringes your rights, please send us a DMCA compliant notice by email to: email@example.com, including the following information:
If material that you have posted to the Site has been taken down, you may submit to us a DMCA-compliant counter-notification.
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law rules. The United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable, is expressly not applicable to these terms. You agree to resolve any dispute you have with StyleCheck exclusively in a state or federal court located in San Francisco County, California.
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
You may not assign the Terms or any rights hereunder, in whole or in part, without the prior written consent of StyleCheck . StyleCheck may assign these Terms without your consent. These Terms do not confer any third party beneficiary rights.
StyleCheck’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect.